A local news site in Lake County, CA, is suing the sheriff there for discrimination. Elizabeth Larson and John Jensen, who started Lake County News in 2006, allege that Sheriff Frank Rivero is retaliating against them for publishing ‘unfavorable’ articles by witholding public information.
“That means our competitors receive press releases with important public safety information, but LCN does not, and that means that LCN cannot inform its readers of this important information,” Larson said in a statement released by her lawyer, Paul Nicholas Boylan, who specializes in open government issues.
Boylan told CJR that Rivero objects to LCN reports that he may have lied in the case of a 2008 shooting. “In October, the sheriff contacted them and told them that if they wanted to receive any more information from him, they would have to file an information request,” he said.
On October 22, Boylan said, Larson and Jensen received an email from Rivero advising them they had been scratched from the sheriff’s media list and would not be receiving further press releases and statements. “After becoming aware that you have printed such a blatant lie… I am done with your National Enquirer-style reporting,” Boylan said Rivero wrote. He accused the LCN of a “witch hunt” against him and advised them to file information requests if they needed “any information at all.”
In December, Larson and Jensen made information requests for all the correspondence the sheriff’s office had made with media outlets, to see if they were missing releases. Their request was denied on the grounds that it was vague or burdensome. The Lake County News lawsuit alleges that this denial fails to comply with the California Public Records Act, which allows journalists and citizens to request and receive public information.
“This isn’t just about us, just about one small Internet media outlet that covers news in a small county in northern California,” Larson said in her statement. “This is about something bigger. It is about the freedom of the press and the right of people to be free from government retaliation.”
Sheriff Rivero’s office did not respond to requests for comment.
There are some rights that cannot be abridged. Freedom of press is one of them. Some folks just think they are bigger than the law. Not in Lake County ,California. Good job LCN.
#1 Posted by Marie, CJR on Mon 14 Jan 2013 at 05:39 PM
Black listing the news media is not only unlawful it's stupid considering the media can be law enforcement's best friend or their worst enemy. I think Rivero has collected more civil suites since being elected then his predecessor and his entire department combined.
Sadly he has no clue as to how to handle his job and refuses to learn or entertain constructive criticism. Public relations is not his thing and he feels he can run rough shot over everyone while demanding they show him respect.
#2 Posted by Jack Baxter, CJR on Tue 15 Jan 2013 at 01:27 AM
A formal request for information is surely in compliance with the Public Records Act. I fail to understand the accusation that the LCSO is not complying with the PRA.
#3 Posted by Bky, CJR on Tue 15 Jan 2013 at 01:11 PM
Bky:
Allow me to explain. the request itself was, indeed, in compliance with the California Public Records Act (CPRA). However, the LCSO's response was not.
The CPRA requires local agencies - such as the LCSO - to provide the public with access to public records and information upon request. The Lake County News made such a request. However, within the LCSO's response, the LCSO declined to provide access to the records the Lake County News requested on the grounds that the request was "overbroad, a substantial burden and not reasonably identified "
This would be a valid excuse not to produce records - if the excuse was true. In this case, it was and is not. LCN's records request was not over broad: it was limited to specific records. Complying with LCN's request would not work a substantial burden on the Sheriff's Office. And Lake County News' request described the exact records that LCN wanted to examine, so the records sought were reasonably identified.
So here is what happened: The Sheriff's Office blacklisted a tiny internet news outlet, telling the publishers that they would not receive any public safety press releases unless they used the CPRA to do it, and when they tried to use the CPRA to get records related to the press releases, the Sheriff's Office said no and based that denial on an untrue excuse.
In response, that small internet news outlet hired me. I sued the Sheriff's Office on their behalf to obtain equal access to official information and to enforce their rights to access records via the CPRA.
I am utterly confident that any judge will agree that the Sheriff violated my clients' rights and order the Sheriff to provide the relief the lawsuit requests. Let me share with you why I am so confident: because the Sheriff violated my clients' rights, and actually admitted doing it on numerous occasions.
I hope I've helped you understand the accusation that the LCSO didn't comply with the CPRA.
Paul Nicholas Boylan
#4 Posted by Paul Nicholas Boylan, CJR on Tue 15 Jan 2013 at 05:20 PM
There isn't a big enough bottle of Tylenol to help Lake County's County Counsel with the headaches that Rivero has and will cause. Anita Grant must be pulling out her hair every time Rivero's name pops up.
#5 Posted by Stan, CJR on Tue 15 Jan 2013 at 10:02 PM
Is this the same website that bans people from their site and then shares ip addresses and personal information with white supremacists, elected officials, former law enforcement and any number of internet trolls for the purpose of intimidation and harassment.
#6 Posted by Bud Wiser, CJR on Wed 30 Jan 2013 at 03:32 AM